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Whistle Blowing
Whistle blowing has become a popular term to describe a situation where an employee exposes an employer’s malpractice. The Public Interest Disclosure Act 1998 (PIDA)provides protection for workers and employees who report malpractice by their employers.
If as an employer you do not deal properly with such a disclosure or dismiss or make life difficult for the employee once they have made a disclosure you could face a claim for automatic unfair dismissal and an unlimited claim for compensation.
Not all notifications however will amount to a disclosure protected under the Act (a “protected disclosure”) and an employee must comply with specific requirements in order to gain protection under the Act. The following types of disclosures could give rise to protection:
- a criminal offence which has been committed by the employer such as the dumping of toxic waste
- a breach of any legal obligation by the employer including the breach of a term in an employment contract
- a danger to the health and safety of any individual by the employer.
- damage to the environment by the employer
It is a difficult situation both for an employer and employee. Handling any disclosure is key to ensuring that you are not faced with a costly claim and in some cases a criminal prosecution. At Hart Brown we have experience of advising both employers and employees on the practical effects of the legislation and if a protected disclosure has been made handling claims under PIDA.
To speak to someone who can help with a whistle blowing problem or any other employment issue call, email or request a call back from one of our specialist lawyers.
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